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This is a case of first impression regarding protectability of a sufficiently distinctive getup localized on a well-known product.
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In China, a “corporate name” in strict legal sense refers to the full name of a business. According to Article 9 of Measures for the Implementation of Administration of Enterprise Name Registration, “a corporate name shall be composed of administrative region, the business name, trade and organizational form in proper order.”
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With the development of the society and economy, the types of goods are also increasing. In order to maximize their interests, trademark proprietors have become so bold as to go beyond the scope of the statutorily designated range of protection by using their trademarks on “identical or similar goods or services.”
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In this Internet era, the challenge is how to protect trademark rights and other intellectual property rights and how to adjust the relationship between domain name users and owners of the rights.
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Among various IP right enforcement cases, those involving chemical manufacturing processes and trade secrets are deemed as the hardest to enforce by legal professionals.
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The determination of non-obviousness in a patent is both the key and the difficult point for obtaining and challenging the patent in China
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On November 29th, 2010, Shanghai Precision & Scientific Instrument Co., Ltd. (PI) sued Shanghai Jingxue Scientific Instrument Co., Ltd. (Jingxue) and Chengdu Kexi Complete Sets of Instruments Co., Ltd. (Kexi) in Shanghai Pudong New Area People’s Court
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The NIVEA decision has attracted wide media attention. According to Mr. Lei, lawyer of the Legal Department at Beiersdorf AG Beiersdorf, as early as March 2009, its Brand Protection Department discovered clues on the case in a crackdown action.
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Since 2005, the Ministry of Culture has appropriated 32.58 million Yuan as a special fund for the protection of Tibetan intangible cultural heritage, with an additional 30 million Yuan from the local government.
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The official website of the Ministry of Culture recently released a Notice which clearly states that national intangible cultural heritage project will establish a warning and exit mechanism.
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